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Help and support with the cost of living

Have you been asked to leave your rented home?

An eviction – is another word for being asked to leave your property

Evictions have to follow the law. Most tenants who are renting privately have assured shorthold tenancies, which must follow a set eviction process:

Written notice - To begin with, the landlord must provide their tenant with ‘valid, written notice’ that they are seeking ‘possession’ of the property (or taking the property back) and they want you to leave. This ‘written notice’ provides a time table for the tenant to find other accommodation. Written notice will be in the form of a Section 21 (otherwise known as a ‘no fault eviction’) or Section 8 notice

If your tenancy started before 1 October 2015 – then you:

  • Cannot be asked to leave the property within the first 4 months of the tenancy

  • Should be given at least 2 months’ notice to leave the property

If your tenancy started after 1 October 2015 – then your:

  • Landlord should have given you a gas safety certificate, an energy performance certificate and a ‘how to rent’ booklet at the beginning of your tenancy

  • If the landlord didn’t do this, then they cannot give you a section 21 notice

  • The landlord also cannot give you a section 21 notice within 6 months of them receiving an improvement notice from the Council

Possession order - If the ‘written notice’ period comes to an end and a tenant has not left the property, the landlord must apply to the court for a possession order. Until the order is given by the court, the tenant cannot be made to leave the property

Warrant for possession - If the tenant still does not leave the property a landlord may ask the court for a ‘warrant for possession’. If taken to court, the landlord can use bailiffs to remove the tenant from the property

Writ of possession - A landlord can apply to transfer the ‘warrant for possession’ that was supplied by the County Court to a ‘writ of possession’ from the High Court '. This means a High Court Enforcement Officer can use reasonable minimal force to remove the occupants from the property – this writ usually leads to a faster eviction.

Harassment and illegal eviction

What is landlord harassment?

It is illegal for your landlord to harass you or force you to leave your home. A landlord or agent who does so may be liable for prosecution, which could result in a prison sentence or a fine, along with civil damages.

Harassment can be any action your landlord or agent takes to deliberately disrupt your life or make you leave your property. Examples of this can include:

  • Threats, abuse or physical violence

  • Entering your home without permission or sending builders in without notice or at anti-social hours

  • Withholding or restricting services such as access to hot water or heating

  • Preventing access or withholding keys

  • Anti-social behaviour from the landlord’s Agent

  • Failure to carry out repairs, or non-completion of repairs

  • Forcing the occupier(s) to sign agreements which take away their legal rights

  • Opening your post or removing your belongings

  • Abusing you because of your gender, race, sexuality, religion, or disability.

What is illegal eviction?

Any action which stops a tenant accessing all or part of the property, without first following the correct legal steps, is an unlawful eviction. Examples of this can include:

  • Changing the locks

  • Forcing you to leave by threatening or harassing you

  • Using physical violence to remove you from the property

  • Stopping you from accessing certain parts of the property

  • Forcing you to leave your home because the harassment is so bad (see above).

What can you do?

  • Keep records of all dealings and disputes with your landlord or agent. Tell them to put all communications with you in writing and do the same yourself. Keep copies.

  • Get further advice from Shelter or Citizen’s Advice.

  • Contact a legal professional to apply for a civil injunction (a court order to tell your landlord to stop his actions) and/or compensation. Depending on your income, you may qualify for legal aid

  • Report the landlord to Salford City Council - see below

  • Report your landlord to the police if they make you feel unsafe in your home, threatens you with violence or is violent

What can we do?

If you have reported the harassment and/or illegal eviction to us using our online form, there are a number of ways we can assist you:

What we can do

  • Offer general advice and help to the tenant about evictions and harassment

  • Speak to the landlord on the tenant’s behalf to try and resolve the issue amicably

  • Liaise, with the tenant’s permission, with external agencies to help resolve the issue

  • If evidence is robust and irrefutable, and it is in the public interest to do so, we may prosecute the landlord. If we prosecute, as the tenant, you will be required to provide substantial evidence and will usually have to give testimony in court.

  • If you have been left homeless by an illegal eviction, we may have a statutory duty to temporarily provide housing for you - see homelessness.

What we cannot do

  • Give the tenant personal legal advice or representation

  • Prosecute a landlord without substantial and sufficient evidence

  • Arrest or detain a landlord

How do I report harassment or an illegal eviction?

To report harassment or an illegal eviction to Salford City Council, or to get some much needed advice about your eviction, you can:

Complete our online harassment and illegal eviction form

How to get support if you're being evicted (or asked to leave your rented home)

If you have been served an eviction notice or are being evicted from your property, you can get free help and independent housing advice from:

  1. Citizens Advice

  2. Or, You can also contact the Housing Options Service at the council, who may be able to give you housing advice and help. 

You, your landlord or someone who knows you can refer you to the Housing Options Service (with your agreement), if they are worried that you may be at risk of homelessness, by completing the form below:

Complete the referral form

Or, if you are homeless and have no-where to stay you can attend in person, to the desk in the large white building at Salford Civic Centre and ask for the Housing Options Service.

Ground Floor
Salford Civic Centre
Chorley Road
Swinton
M27 5AD

Opening hours are:

  • 8.30am to 4.30pm on Monday, Tuesday, Wednesday and Friday

  • 12.30pm to 4.30pm on Thursday

If someone needs emergency accommodation outside the opening hours, please contact the Out of Hours service on 0161 794 8888.

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